Bank Assetpoint Website Terms
Welcome to the Bank Assetpoint® Website (the “Website”). Assetpoint Services, LLC (“APS”), a wholly owned subsidiary of Promontory Interfinancial Network, LLC, operates the Bank Assetpoint service (the “Service”), including the Website. APS provides the Service to banks and certain other sophisticated parties that regularly transact in assets that are or can be held by a bank.
Most areas of the Website are accessible only to registered users for an entity that has entered into the Bank Assetpoint Participant Agreement as a Participant (a “Participant”). If you are a registered user for a Participant, your use of the Website, including the Visitor Area, is governed by the Bank Assetpoint Participant Agreement (the “Agreement”), and you agree to the terms contained in the Agreement.
A limited area of the Website is accessible to visitors who are, in good faith, considering possible use of the Service (the “Visitor Area”). If you are a person who is not a registered user for a Participant (a “Visitor”), your use of the Visitor Area is governed by these terms for Website Visitors (the “Website Terms”). By accessing or otherwise using the Visitor Area, you agree to the Website Terms.
- Authorization to Use. You may access and otherwise use the Visitor Area only to the extent you do so (i) in a good-faith effort to gain information about public use of the Service on behalf of a current or prospective Participant, (ii) at your own risk and responsibility, and (iii) in compliance with these Website Terms and applicable law. You will not access or use the Visitor Area for any other purpose. In connection with your authorized use, you may display or print Visitor Area pages and provide links to Visitor Area pages to persons within your organization, or other persons with whom you have a business relationship, if you believe that such persons may have a business interest in the information.
- Limits of APS Role.
- APS does not act for, on behalf of, or as the agent or representative of any Participant, advertiser, or other entity associated with the Service. Any and all transactions occur offline, outside the Service.
- APS does not:
- negotiate the purchase or sale of any loan asset or purport to determine the merits of any proposed transaction in a loan asset,
- screen Participants based on credit-worthiness or determine or certify the credit-worthiness of any Participant, or
- provide brokerage or other services with respect to any transaction in securities.
- Limits on Use. The Website is protected by copyright and other laws. Except as expressly authorized by Section 1, you will not reproduce, display, distribute, or otherwise use or disclose the Website or any part of it. You will not use the Website in any manner that could damage or overburden the servers or any connected network used by APS or any of its affiliates or service providers. Nor will you use the Website in any manner that could interfere with another party’s use of the Website. In no event will you decompile, disassemble, or otherwise reverse engineer the Website or any intellectual property of APS relating to it.
- Privacy. APS intends to use commercially reasonable efforts to follow the Privacy Statement posted on the Website. APS in its sole discretion may change the Privacy Statement from time to time. APS will not bear any responsibility or liability for any information submitted to APS or for the use or misuse of any information submitted by you or any other person.
- Availability and Content. APS makes no representation, warranty, or covenant that the Visitor Area will be available at all times or at any time. Various circumstances may prevent or delay availability. APS at any time may discontinue the Visitor Area in whole or in part, or suspend or terminate your access, for any reason or no reason, with or without notice. There may be errors or omissions in the Visitor Area, and APS reserves the right, but will not be required, to correct any errors or omissions. APS will not be responsible for any loss, cost, damage, or liability that may result from any loss or delay of availability, any suspension of access, or any errors or omissions. In addition, APS will not be responsible for the accuracy, completeness, or timeliness of the Visitor Area or for the results obtained from its use.
- No Professional Advice. APS does not supply tax, accounting, investment, or legal advice or other professional advice. Without limiting the foregoing, APS does not offer any professional advice regarding the nature, potential value, or suitability of any particular security, transaction, investment strategy, or other course of action.
- No Warranties. The Visitor Area is provided “as is.” APS makes no representation or express or implied warranty of any kind whatsoever relating in any way to the Visitor Area or any linked sites. APS disclaims to the maximum extent permitted by law any and all such express or implied warranties. Without limiting the foregoing, APS disclaims to the maximum extent permitted by law all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third-party intellectual property or proprietary rights or of quiet enjoyment, (iii) warranties relating to delays, interruptions, errors, or omissions, and (iv) warranties otherwise relating to accuracy, performance, or other acts or omissions by APS. APS disclaims any warranty that the Visitor Area will fulfill any of your particular purposes or needs. The Visitor Area is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. APS makes no warranty against interference with your enjoyment of the Visitor Area or against infringement.
- No Liability or Damages. APS will have no liability to you of any kind relating to, resulting from, or in connection with the Visitor Area (including any content on it or the results obtained from its use), the Website Terms, or APS’s business, or any linked site, for any cause whatsoever, whether arising in contract, tort, or otherwise. No remedy will be available against APS or any of its affiliates relating to, resulting from, or in connection with any of the foregoing. In no event will any special, incidental, or consequential damages against APS be allowed, even if APS has been advised of the possibility of such damages. The exclusions of damages in these Website Terms are independent of, and survive the failure for any reason of, any other remedy.
- Arbitration. Any controversy or claim relating to these Website Terms shall be settled by arbitration in Arlington, Virginia, administered by the American Arbitration Association under its commercial arbitration rules. There shall be no right or authority for any claims to be arbitrated on a class action basis. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This provision will not prevent either party from seeking preliminary injunctive relief from a court of competent jurisdiction to prevent irreparable injury.
- Governing Law. These Website Terms will be governed by and construed in accordance with the internal law of the State of New York, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Website Terms to the substantive law of another jurisdiction.
- Severability. If any provision or condition of these Website Terms is held invalid or unenforceable by any court or other adjudicative body with jurisdiction, such invalidity or unenforceability shall attach only to such provision or condition, and the validity of the remaining provisions and conditions hereof shall remain unaffected.
- Changes. APS may change these Website Terms at any time, with or without advance notice, in its sole discretion. You should check the Visitor Area to view the current Website Terms.